1127061.11 COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORGINAL AND TEN COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Leonazd Odom OFFICE: Road & Bridge MEETING DATE: November 27.2006 TIME PREFERRED: SUBJECT: (PLEASE BE SPECIFICI~ Consider discuss and take appropriate action to consider Division of Property and Septic for Lot 248A. B&R Ranches, Pct. 2. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: Leonazd Odom/Miguel Arreola ''ESTIMATED LENGTH OF PRESENTATION: 10 minutes IF PERSONNEL MATTER -NAME OF EMPLOYEE: Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, government Code, is a follows: , Meeting scheduled for Mondays: 5:00 P.M. previous Tuesday THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal considerafion and action at time of Court Meetings. Your cooperation will be appreciated and contribute towards your request being addressed at the earliest opportunity. See Agenda Request Rule Adopted by Commissioners' Court. reg3 Kerr County Road & Bridge 4010 San Antonio Hwy Kemille, Texas 78028 TO: COMMISSIONERS COURT FROM: LEONARD ODOM DATE: November 21, 2006 RE: Division of Property and Septic for Part of Lot 248A, B&R Ranches, Pct. 2 We received a letter from Environmental Health concerning an illegal division of property when the owner applied for a septic permit. Mr. Owen purchased 2 acres of a 15.1 I lot in Dec., 17, 2001. The survey was done by Guadalupe Survey, and the title was done through Kerr County Abstract. Mr. Owen recently got a permit thru Headwaters and had a well drilled, because their "Grandfather" date is June 10, 2002. Is this something you want us to pursue for platting if water is available and the septic can meet the requirements? If so should the seller Mr. Alcorta (seller) be the responsible party or Mr. Owen (purchaser)? Th B&R lot 248A November 7, 2006 Truby Hardin Kerr County Road & Bridge Department 4010 San Antonio Highway Kerrville, Texas 78028 Owner MCtCS l.Z BOUnds Ddte: Cross Reference: Dear Mrs. Hardin: 293 Maxwell Gap off McDonald Loop, 870723, B&R Ranches, Lnt PT 24RA, Acres 2.00, Center Point, Karr County, Texas John David Owen December 17, 2001 Plat of Survey of 2.00 Acres for Mario Coltaxo Alcotta and Lillie Rose Alcorta dated December 17, 2001 Fol3owing the Commissioner's Coutt directive to deny OSSF permits according to Court Order No. 29223, we are submitting the following information for your review, We have reason to believe that the above•rcferettced property may have a violation or the Kerr County Subdivision Rules. The following application has been placed on hold and an Authorization to Construct will nut be issued until we aca diracted w da so by your oftlce or Commissioner's Court. Please inform us at your ea*Ilest convenience if the above-referenced property does, in frier, have a violation or is cleared for a go-ahead Field Representative D.R., Kerr Country, OS 18771 Mr Jahn Uavid Owen R. C. Wiedenfeld, R.S. 1927 Commissmner Bill Williams, Pct. 2 OSSF File No. 006-212 /~ ~, r ~~~ ~!%a_.c a ~~-:z~vL c ~' ff~~~L~(Q ° , ~ ~ ~: 0 a ~ ~ t i f'~i'i°~- 2 ~ ~Z Lc~u .G'~v 1 ~J l G~ ~ L oar-zzz ~~~ ` a zoos O ICE OF CON IDE TIALITY RIGHTS: IF XOU ARE A NATUP.AL PERSON, YGU MAY TKE Y OR ALL OF THE FOLLOWING INFORMATION FkOM THIS EFOR IT I5 FILED rOR RECORD IN THE PUBLIC RECC*tDS: YOUR S BER OR YOUR DRIVER`S LICENSE NUMBER. CASH wAriF1eNTY DEED tzdte: JULY ~~, 2006 Grantor; MARIO COLLAZO ALCORTA and spouse, LILL POSE ALCORTA Grantee: JOHN OWEN Consideration: TEN AND NO/100 DOLLARS and other good and va~vable consideration. Property (including any impsovwuents): All that certain tract or parcel of land, Lying and being situatad in the County of Kerr, state of Texas, and being 2 .OU acres, more or less, out of a 15.1'1 acre tract in Survey No. 1429, H.E. and W.T. R.R. Co., Abstract No. 684, also known as part of Tract 298-A of B and R Ranches, an unofficial subdivision, and being more particularly described in Exhibit `~A" attached hereto and made a part hereof for ala purposes. Reservations from Conveyance: None Exceptions to Conveyance and Ptarranty: This conveyance is made by Grantors and accepted by Grantaes expressly subject to the follvwirg matters to the extent, but only to the extent, the same are valad and subsisting and affect the Property (without waiving rights or defenses relating to and without ratifying such matters, and wisR7 the intention that the doctrine of revivor will not apply thereto), to--wit: 1. Any visible and/or apparent roadways or easements over or across property herein described, 2. Mineral reservation as described in deed dated March 13, 19n8, executed by B & R Ranches, Inc., recorded .in volume 139, Page 252, Geed Records of Kerr County, Texas. 3. Undivided one-ha.'.f in*_erest in and to minerals as described in instrument dated May 9, 1927, executed by Lucy D. Leigh. et a1, recorded in Voluma 4, Page 356. Oil and Gas Records of Kerr G~~znty, Texas. CASH WARNANTY GEED - PAGE 1 aa6-a~z 9 ail, IGas and Mineral Lease dated August. 1, 1962, executed k,y Kd~ ` 8 2~0 ~. B.~, Ngwlin, et ux, to G. L. Rqwsey recorded in Volume 13, '(~ (~ .Baget624, oil and Gas Records of Kerr County, Texas. 11-4,.~~~~„M' ~.asgment t.o Lower Colorado River Authority dated March 3, 1948, recorded in Volume 1, Page 61, Easement Records of Kerr County, Texas. 6. Easement reserved in Deed dated March 13, 1968, executed by B & R Ranches, Inc. recorded in Volume 134, Page 252, Deed Records of Kerr County, Texas. 7. Easement to Bandera Electric Cooperative, inc. recorded in Volwne 5, Page 99, Easement Records of Kerr County, Texas. 8. Easement to Lower Colorado River Authority dated December 4, 1964, recorded in Volume 4, Page 94, Easement Records of Kerr County, Texas. 9. Twenty-five foot (25') roadway easement along North property line reserved in deed dated ,7anuary 21, 1976, recorded in Volume 177, Page 403, Deed Records of Kerr County, Texas. Grantor, for the consideration, receipt of which is acknowledged, .,,, and subject to the reservations from and exceptions to conveyance and warranty, grants, sells and conveys to Grantee the property, together with all artd singular the rights and appurtenances thereto ir. any wise belonging, to have and bald it to Grantee, Grantee's heirs, executors, administrators, successors or assigns forever. Grantor binds Grantor and Grantor's heirs, executory, administrators and successors to warrant. and forever defend all and singular the property to Grantee and Grantee's heirs, executors, administrators, successors and assigns against every persor. whomsoever lawfully claimi;~g or to claim the same or any part thereof, except as to the reservations from and exceptions to conveyance and warranty. When the context requires, singular nouns and pronouns include the plural. M IO COLLAZO ALCORTA LZLLZE 803E ALCORTA GA3N NA0.0.ANTY OEEG - PAGE ooh-z~z ~~~EiV'~~', . NOV - 8 2006 ~ ~~ y~ i~, w.. __ .,. COUNTY OF KLRR $ ACPQdOWLEDC,~MENT This instrument was acknowledgetl before me on JULY ~_c~_, 2006, by NARIO COLLAZO ALCORTA and spouse, LILLIE ROSE ALCGRTA. ,• ~ ~p~K Notary Public, S ate o_ Texas ~~ ~ ~~~ GRAYiTEB ADDRESS AND PETURN TO: SOHN 05d£N 1~7~1 ~~'~'hor,'al jJr ~~7P ~uS~7n 7ZC. 7-707 G.F. No: 27296 Filed Hy: Kerr County Abstract and Title Co., Ltd. CR.SN gAAhL4NT: DEED - PAGE 3 e~o6-ziz fxf~fbft '°A" .~ ~ ~! ~ ~.. _,_ ••~~ &Cktg a tract of land containing 2,00 scree being rho southeast portion of a I5, (1 nau vadt under Contract of Sala and Purchase with the Texas Veterans )_.and Board to the ~~ .. G , esi •6otttract Molder, trlario Collazo Aleorta and lillie Rosa Aleatta having en hecount Nutttber of 175-154636 and dated May 5, 2600 and of record in Volume 1003, Page BAti, • - Real Property Records of IGarr County, Texas and being situated in ttte Ii.B. 8z W.T. RR T7 ~" Co. Survey No. 1429, Ahstrna No, 084. Ktm County, Texas and being mero parriettlar0y [~ . ~ dosdn'bed by melee end bounds as follows. l3~GINNWG u n'h"imn rod found at an angle paint at the interaction oftwo norshaiy Eines of a 25 nctn tract of record in Volume 631, Page 346, Real Ptoparty Itmcardt of K~t• Coanry, Texas, at the intersection of the cantetliaea of two 50' wide pubSie roadways, one bring known as Mohabv Lane and the other known as McDonald Loop, sad balog the southwest cornx of a 25.8 nee tract of record in Volume 270, Page 235, i~aed Reeonds ofKerr County, Texas and baing the southean wrner of said S 5, t 1 acres attd the subjeat trod; T1ffiNC6 with the centerline of said McDonald l,aop baing a northerly tine ofaald 25 saes and being a southerly line of said 15.1 P acres srtd rho aubjea tree, N 44°49'W, 242,50 fur to z'/a" iron rod found being rite aouthwesY cOttter of the subjeu tntrt; THk-NC$ ttuvugh the ivteriot oFsaid 15.11 acres, N t9°53'13, passing at 3 L29 feat a'h" iron rod set in the northerly right of way Eina of said McDonald Laop and eoatirwlag a total distance of 280.50 foot to a ''/s" iron rod set baing site northwest corns of the wbjed frid; ' 7'IffiNCB continuiag through the interior of said t S, I 1 arras, S 69.00'$, 225,00' to i'h" iron rod found as an angle point at the intersection of two westerly right oEway liaes of the afonamentionod Mohabo lane and continuing, S 89°2I'E, 26.16 abet to a t4' ilea rod found as as angle point to the eerttertina Gae of said Mahabo Lane being sla0 ai th6 intassctiaa of two westerly iincs ofthe doromontiotted 25.8 acres attd at the iatataeation o£two easterly i'thea of said 15.1 l acres and being the nartheaat cornea ofthe subject tree; TfiEs'NCE with the centerline of said Mohatio Lane being a cowman Tina of said I5.1 t aces and said 25,8 saes, S 17°49'V,', 410.00 feet to the POINT OF t3EGfNNING end eontaitttng 2.00 aores'+aithinthes~ motes and bounds. FdELD )\OTE DESCRCY'CTON 2.00 ACRES R~ riov - s 2aas ~ Being a tract of land containing 2.00 acres being the southeast po '~ `",~` tract under Contract of Safe and Purchase with the Texas Veterans Land Board to the Contract Holder, Mario Collazo Alcorta and Lillie Rose Alcorta having an Account Number of 175-15483ti and dated May 5, 2000 and of record in Volume E063, Page 896, Real Prapet2y Records of Karr County, Texas and being sittasted in the H.E. & W.T R.R. Co. Survey No. 1429. Abstract No. 684, Karr County, Texas and being more partiwlarly described by metes and bounds as follows; BEGINNING at a'/i'iron rod found at an angle point at the intersection of two northerly lines of a 25 acre trail of record in Valume 631, Page 346, Real Property Records of Kera County, Texas, at the intersection of the centerlines oftwo 50' wide pablic roadways, one being knaunt as Mohabo Line and the other known as McDonald Locp, and being the southwest corner of a 25.8 acre tract of rerard in Volume 270, Page 235, Reed Records of Kerr Courny, Texas and being the southeast corner of said 15,11 acres and the subject tract; THENCE with the centerline of said McDonald Loop being a northerly line of said 25 acres and being a southerly line of said 15 I I acres and the subject tract, N 44°49'W, 292.50 feet to a'h" iron rod found being the southwest comer of the subject tract; TkiENCE through the interior of said 15,11 acres, N 19°S 3'E, passing at 31.1.9 feet a '/z" iron rod set in the northerly right of way line of said McDonald hoop and continuing a total distance of 280.50 feet to a'/i' iron rod set being the northwest comer of the subje.^t. tract; THENCZr continuing through the interior of said I5.1 I acres, S 69°00'F., 225 00' to a'/z" iron rod found as an angle point at the intersection of two westerly right of way tines of the aforementioned Mahabo Lane and continuing,. S 89°21'B, 26.16 feet to s'J--" iron rod found as an angle point in the centerline line of said Mohabo Zane being also at the intersection of two westerly lints of the aforementioned 25 8 acres and at the intersectio:« of two easterly tines of said 15,11 acres and being the northeast corner of the subject Yract; THENCE with ttae centerline of said Mohabo Lane being s common Gne of said 15.11 acres and said 25.8 acres, S 17°49' W, 4l 0 00 feet to the POINT UE' 9FGLN"C111~1G artd containing 2.00 acres within those metes and bounds. This description is a wmpanion to a Plat of Survey dated I3eccmbcr ! 7, ?OQI and was prepart~this 17`s day of Deter-„ber 200! . Texas Registration Na. 4061 PileA OI I21I02 msw°ni 6Y ~cccHO nr wencvwaa+s ~~~ i.~es~IwY: ewror ,.. vtl...G'cYw,~w~,s r~.~w, W..r :nor. •.W ttw. aan h,.9,>n...h:G a x+.+mr. t.G.. W+x M r.l.'t+Mr Ix Ml'4.. ui: rVN hW. C.N.tlV rn~ .'.: ~W W W h-'.M Ww .+rt 4.m4 HI.N. 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